Trusts Disputes

Harrison Drury act for settlors (the person creating the trust), for trustees and for beneficiaries. 

The law relating to trusts can be complicated and often misunderstood, even by professionals. We have acted in a number of complex and substantial trust disputes and our team is at the forefront of this complex and specialist area of law.  We have advised in circumstances where the trust was created by the settlor and where it was created by a Will upon the death of a deceased person.  

Here are some of the typical issues that can be faced by trustees and beneficiaries alike: 

Overturning a trust: Not all trusts have been set up correctly.  Not all have been set up for the right reasons.  We can advise and take action in respect of applications to the court for the setting aside of a trust so that it is treated as never having existed.  We also advise in relation to applications to amend the trust deed.  

Disclosure of trust documents: Widely misunderstood and often misapplied, we advise beneficiaries and trustees upon the complex rules governing disclosure of trust documents and information, including accounts, personal information and letters of wishes. 

Challenging trustees’ decisions: Not all decisions made by trustees are set in stone. We advise clients of the merits of applications to overturn decision made and both bring and defend such claims. 

Removing a trustee: Harrison Drury act in cases where the court is asked to make a decision upon the question of whether a trustee is fit to remain in place. 

Trustees putting themselves above the interests of the beneficiaries: Trustees have a fiduciary duty to the beneficiaries and must not have any dealings with trust assets to their own advantage – the rule against self-dealing.  We both bring and defend such claims on behalf of clients. 

Trustees protecting themselves ahead of making decisions: In certain circumstances, the court can be called upon to sanction trustees’ decisions.   

Trustees’ protection in respect of litigation brought against them or pursued by them: Trustees can often find themselves sued or having to consider suing a third party in the course of their fiduciary duties.  The court can be asked to provide protection in relation to defending and bringing claims. Harrison Drury deal with cases involving applications to the court for what is known as a “Beddoe order”. 

Time limits: Some types of claim may be barred by law, other types may be unaffected by statutory limitation periods.  We can advise on this complex area. 

To speak to our contentious probate & trusts specialists please call us on 01772 258321 or make an enquiry below to see how we can assist you.